Welsh Labour slammed over 'nanny state' plan to ban free drink refills and supermarket 2-4-1s on 'junk foods' - which includes smoothies, breakfast cereal and yoghurt - with fines of up to £2,500 for retailers in 'over-the-top' drive to tackle obesity

Welsh Labour has been accused of 'over-the-top' nanny statism today after unveiling plans to ban free drink refills in restaurants and supermarket multibuys of 18 categories of food in an anti-obesity drive.

Vaughan Gething's administration in Cardiff has taken aim at food and drink high in fat, sugar and salt (HFSS) with a slew of proposed changes announced this morning.

Under the consultation supermarkets would face heavy restrictions on 2-4-1 offers and in-store placement of treats including pizzas, crisps, breakfast cereals, smoothies and even yoghurts, while eateries would be banned from offering free refills of sugary drinks.

And retailers and restaurateurs who fail to follow the proposed new rules could be hit by fines of up to £2,500 if they consistently fail to follow the rules.

Announcing a consultation due to run until September, Eluned Morgan, the Welsh Labour cabinet secretary for health and social care, said the new rules were 'the first in a package of measures to improve the health of our food environments across Wales and to support the public to live healthier lives.'.

But her Tory shadow, Sam Rowlands, said: 'Nanny state plans like these are a distraction from Labour's atrocious NHS record here in Wales.

Under the consultation supermarkets would face heavy restrictions on multi-buy offers and in-store placement of treats including pizzas, crisps, breakfast cereals and even yoghurts, while eateries would be banned from offering free refills of sugary drinks.

Announcing a consultation due to run until September, Eluned Morgan, the Welsh Labour cabinet secretary for health and social care, said the new rules were 'the first in a package of measures to improve the health of our food environments across Wales and to support the public to live healthier lives.'.

But her Tory shadow, Sam Rowlands (pictured above, with Rishi Sunak), said: 'Nanny state plans like these are a distraction from Labour's atrocious NHS record here in Wales.

'These frankly over the top regulations will hit people in their pockets, exacerbating the cost of living for the poorest in society, yet Keir Starmer calls this his blueprint for Britain.

'While healthy eating is important, the Welsh Conservatives believe that you have a right to decide what you eat and drink. Clearly Labour do not.'

Plans for a ban on 2-4-1s in England were postponed to October 2025 by Rishi Sunak last summer. 

He said he believed in 'people's right to choose' and did not want to make grocery shopping harder while food prices remain high during the cost-of-living crisis.

However Labour has pledged to ban the advertising of junk food to children along with the sale of high-caffeine energy drinks to under-16s, if elected on Thursday.

In her forward to the consultation today, Ms Morgan said: 'Over 60 per cent of the population is living with obesity or overweight.

'We know that obesity and overweight is associated with many physical and mental health problems across our life course.

'I intend for this to be the first in a package of measures to improve the health of our food environments across Wales and to support the public to live healthier lives.

'As a nation, the food choices we are led to make contain too many calories and are too high in fat, sugar and salt.

'We want to support individuals to make healthier choices by restricting the promotion of food and drink which is high in fat, sugar and salt (HFSS) and by encouraging the promotion of healthier products.'

It would place restrictions on what can be stocked at 'key selling locations such as store entrances, checkouts and aisle ends, which evidence suggests can lead to pester power and impulse purchases.'

The rules will apply to supermarkets and other stores with more than 50 employees.

Earlier this month Jamie Oliver hailed 'exciting' Labour plans to ban under-16s from buying high-caffeine energy drinks like Prime, Red Bull and Monster if they win power.

The restaurateur and chef warned spoke out over plans by Sir Keir Starmer to outlaw the sale of drinks containing more than 150mg of caffeine per litre to minors if it wins power on July 4.

Red Bull has 80mg of caffeine in a 250ml can, equivalent to 320mg/l, while brands including Prime, Monster and Rockstar have similar or higher rates.

Mr Oliver, 49, said that schoolchildren are having energy drinks as a substitute breakfast, leading to an 'absolute nightmare' for teachers.

In a video posted on X he said: 'It's a small thing but it is a big thing. When we have got some of the most unhealthy kids in Europe we need to not have one thing, we need many many things that are going to help make our kids fitter, healthier, have better outcomes and just flourish and be more productive as adults and cost the NHS less.'

He added: From my point of view for the past 17 years working in many secondary schools around the country, you would be amazed if you saw how many kids have breakfast in the firm of an energy drink...

'If you've got kids coming to school having energy drinks for breakfast it is not healthy – we are talking three or four shots of espresso in one of these tins, loads of sugar, so an absolute nightmare.'

It came after  shadow health secretary Wes Streeting told BBC Radio 4's Today programme that the restriction was a response to 'the outcry from parents and teachers who are seeing the consequences of these high energy drinks on children's concentration, their wellbeing, their sleep, their mental health'.

The Labour politician added: 'The reason why we're being far more interventionist when it comes to children is because we can see how irresponsible sales and marketing are driving a crisis in children's health.'

Sir Keir Starmer singled out Monster energy drink as a problem in classrooms and for children's health.